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Wrongful Arrests in South Africa: What Counts as “Reasonable Suspicion”?

04 September 2025,  Ethan Du Toit

In South Africa, recent statistics have shown that the South African Police Services (SAPS) have recorded 4,000 wrongful arrests in... the 2023/24 financial year. Over a four-year period, between 2021 and 2024, SAPS has paid out approximately R1.6 billion in wrongful arrest and detention cases.   The Criminal Procedures Act 51 of 1977 (CPA) provides that police officials may arrest a person without a warrant on the grounds that they have a reasonable suspicion that a crime has been committed or the person has attempted to commit a crime. The purpose of this article is to explore the meaning of a “reasonable suspicion” in light of Mabele v The Minister of Police.

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361
Article
Possession Is Nine-Tenths of the Law: Understanding Spoliation Law

04 September 2025,  Victoria Matthews

What is spoliation?Spoliation refers to the unlawful dispossession of someone’s peaceful possession of movable or immovable property without their consent... and/or without a court order authorising the dispossessor’s actions. Spoliation focuses specifically on a person’s possession, and ownership of the property involved is not considered relevant. Luckily, our law provides a strong remedy, originating from Roman-Dutch law, for those who have been dispossessed, and it comes in the form of the mandament van spolie. 

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371
Article
Can You Record the Police? The Jacobs Ruling Says Yes

04 September 2025

In a recent ruling by the Johannesburg High Court – Jacobs v Minister of Police and Others (2021/6576) [2025] ZAGPJHC... 722 (12 June 2025) – South Africans’ legal right to film and question police officers has been affirmed. The case brought much-needed clarity on the everyday interactions between citizens and law enforcement, confirming that recording the police is not an offence.

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311
Article
Can an HOA Block Access for Foreign Domestic Workers?

04 September 2025,  Gerhard Smit

Homeowners’ Associations (HOAs) are legal entities responsible for managing and regulating housing development schemes. They oversee maintenance of communal infrastructures... such as roads, security systems, and other shared amenities. An HOA can legally implement access restrictions as part of its security procedures, but sometimes the extent of these procedures is questioned.

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301
Article
Why estate disputes can ruin a well-laid estate plan

29 August 2025

Disputed claims can derail an estate plan; discover how to plan ahead and safeguard your legacy.

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448
Article
Getting the value right when trading assets for shares

29 August 2025

Ensure the value of assets and shares match in asset for share transactions to avoid unexpected tax consequences.

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424
Article

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